First two dagga cases dropped
ConCourt ruling on use kicks in
“So it turned out I wasn’t quite the big-shot gangster the police thought I was,” a man who is no longer facing a dagga charge said yesterday.
The 38-year-old man was commenting after two of the first cases for private possession and use of dagga for personal use were withdrawn by the National Prosecuting Authority (NPA), the Port Elizabeth high court heard yesterday.
The man, who asked not to be named, was arrested on March 14 with all his vehicles, boat and equipment confiscated by the police at his home. He said he used dagga for medicinal purposes.
“I actually forgot that this case was on today [yesterday]. The state prosecutor phoned me a while ago and told me I can stop worrying.
“I just use dagga in quantities that are good for my body. I don’t need a lot. I always liked using it and it has always been a part of my life,” he said. The man said he was astonished when he was arrested by police “guns blazing” at his home.
“It was a very weird experience for me. It was horribly blown out of proportion. They took all my vehicles ... I spent a night in prison...”
State attorney Warren Myburgh representing the NPA in court said there was no need for an application to permanently stay the prosecution of the two cases as they were already dropped by prosecutors. Deputy judge president Dirk van Zyl removed the cases from the roll, saying there was no need for further litigation. In September, the Constitutional Court declared legislation outlawing the private use of dagga by adults as unconstitutional. Government has been given two years to correct the laws. According to a police memorandum written about the issue, the judgment created a defence of “personal consumption” or cultivation of dagga for medicinal or religious purposes provided that it is in small enough quantities. For new matters, the memorandum stated that prosecutors are advised to refuse to prosecute or withdraw the matter on first appearance. Attorney Ricky Stone, who specialises in dagga cases, said he believed the withdrawal of cases against suspects who were charged with possession for recreational use are starting in courts countrywide.